Cancellation of membership from a Bar Association must be ratified by the General Body and comply with model byelaws; any failure to adhere renders the cancellation invalid.

ORDER :

1. Petitioner – Shri Ram Sahai Chiroliya, Shri Rajesh Kumar Saxena, present President, District Bar Association Datia and Shri Ram Naresh Dangi Secretary District Bar Association, Datia are present in person.

2. The present petition under Article 226 of the Constitution of India is filed by the petitioner seeking following reliefs:-

“(1) That, impugned order/letter dated 22/08/2020 (Annexure P-1) may kindly be quashed/ set aside and to restore the membership of the petitioner in the respondent Bar Association.

(2) That, any order and action passed in pursuance of the impugned order/letter may kindly be quashed/ set aside.

(3) That, any other suitable further writ, order or direction may kindly be passed in the interest of justice.”

3. In the present case, dispute is in respect of cancellation of membership of the petitioner from District Bar Association, Datia. He is enrolled at S.No. MP/1111/1989 by the State Bar Council of M.P. and is a practicing Advocate at District Datia. He was elected as President of the Executive Body of the District Bar Association Datia for the period 20172019. After his tenure is over, it appears that some amount of Bar Association was to be deposited which allegedly petitioner has not deposited therefore, on that pretext Executive Council issued a show cause notice dated 03-07-2020 (Annexure P-3) to the petitioner which was duly replied by the petitioner. Thereafter the impugned order dated 22-08-2020 (Annexure P-1) was passed by which membership of the petitioner was severed. Therefore, petitioner is before this Court.

4. Learned counsel appearing for the petitioner submits two fold submissions:-

(i) that petitioner is the member of the District Bar Association which is being recognized as Bar Association vide Section 2(b) of Madhya Pradesh Adhivakta Kalyan Nidhi Adhiniyam, 1982 (for brevity “Adhiniyam, 1982”) therefore, the District Bar Association has to comply the directions issued by the State Bar Council from time to time. Recognition by the State Bar Council means the acceptance of model byelaws which are being prepared and circulated by the State Bar Council amongst the Bar Council for compliance.

(ii) Section 16 of the Adhiniyam, 1982 deals in respect of recognition and registration of Bar Association. Decision of the Bar Council regarding recognition and registration of Bar Association is final. Model byelaws have been promulgated by the State Bar Council which is annexed as Annexure P-12 with the petition and clause 5 of the same deals in respect of removal from membership. That clause stipulates that unless removal is approved/ ratified by the State Bar Council, it cannot be carried out. That too, resolution of Executive Body is to be ratified in a meeting of the General Body of the Bar Association in which 50% members of the Bar shall be present and vote.

5. In the present case, neither approval from the State Bar Council is taken nor, it is being ratified by the General Body of the Bar Association in a meeting convened. Any ratification by circulation cannot be valid convening of the General Body in the eyes of the mode byelaws.

6. Per contra, learned counsel for respondent No.1-District Bar Association opposed the prayer. According to him, present petitioner was the President of the Executive Body for the period 2017-2019 and during that period, funds to the tune of Rs.30,676/-was collected but only Rs.5,000/-were deposited and remaining amount and Receipt Pad were not deposited by the petitioner therefore, after giving show cause notice, such stern action has been taken against the petitioner to send a message to others. Although, lear